Sowell v. Kelly
- Laura Swain
- 1:23-cv-05354
- U.S. District Court · Southern District of New York
- 6
In Sowell v. Kelly, Judge Swain ordered Randy Sowell to pay fees or submit paperwork seeking permission to file without prepayment.
Randy Sowell’s federal case against Captain Kelly and the other named defendants was conditioned on payment of the fees or submission of the required application and prisoner authorization.
What happened
Sowell v. Kelly concerns Randy Sowell’s case against Captain Kelly and other defendants. Sowell, who is incarcerated and representing himself, submitted the complaint without paying the required fees or filing the required financial forms.
The court gave Sowell 30 days to either pay $402 or submit a signed application to proceed without prepaying fees and a prisoner authorization. The authorization would allow installment deductions from his prison account for the $350 filing fee. The court said no answer was required yet.
Judge Laura Taylor Swain ordered these next steps and warned that the action will be dismissed if Sowell does not comply within the deadline. The court also denied permission to appeal without prepaying fees, finding that any appeal from the order would not be taken in good faith.
The detailed version
- Sowell v. Kelly · No. 1:23-cv-05354
- Laura Swain
- June 28, 2023
Background
Randy Sowell filed this action against Captain Kelly and other defendants while incarcerated at Vernon C. Bain Center. He is representing himself. The opinion states that the case includes claims against correction staff and the New York City Department of Correction concerning allegedly unlawful conditions of confinement and retaliation at Department of Correction facilities.
Sowell submitted the complaint without paying the filing fees and without a completed application to proceed without prepaying fees or a prisoner authorization. The court explained that a prisoner must either pay the required fees or request permission to proceed without prepayment under federal law.
Court’s Order
The court ordered Sowell, within 30 days of the order, to do one of two things: pay $402 in fees, consisting of a $350 filing fee and a $52 administrative fee, or submit the attached application to proceed without prepaying fees and the attached prisoner authorization. The authorization would direct the facility holding him to deduct the $350 filing fee from his account in installments and provide certified account statements for the preceding six months. The court explained that the $52 administrative fee does not apply to a person granted permission to proceed without prepaying fees.
No answer from the defendants was required at that time. If Sowell complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.
Other Ruling and Scope
The court certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed filing fees and required paperwork; it did not decide the underlying claims against the defendants.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.